South Africa Case Law

Maziya General Services CC v Minister of Public Works N.O and Another (Appeal) (CA 240/2022)

Maziya General Services CC v Minister of Public Works N.O and Another (Appeal) (CA 240/2022) [2024] ZAECMKHC 42 (6 February 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA 240/2022

Judges

M Makaula, TV Norman, L Ellis

The High Court upheld an appeal against an exception, finding the pleadings in a joint-venture repudiation claim were sufficiently detailed under Rule 18(4).

• Exception Procedure
• Joint Venture Liability
• Co-creditor Rights
• Pleading Requirements
• Contract Repuation
• Rule 18 Uniform Rules

AF - FSL Glass Distributors (Pty) Ltd v Thompson Khusela CC t/a Thompson Security Group (A3058/2018)

AF - FSL Glass Distributors (Pty) Ltd v Thompson Khusela CC t/a Thompson Security Group (A3058/2018) [2019] ZAGPJHC 66 (13 February 2019)

Court

South Gauteng High Court, Johannesburg

Case number

A3058/2018

Judges

Matsemela, M L Twala

The court found that the Appellant repudiated the contract by preventing the Respondent's guards from entering the premises, thereby breaching the agreement. The Appellant failed to substantiate its allegations of material breach or non-compliance with statutory requirements, as no evidence was led in the trial court. The Respondent's calculation of damages was accepted as it was not challenged under cross-examination. The court held that the Respondent was entitled to damages for the repudiation, and the appeal was dismissed with costs.

Source excerpt

• Contract Repuation
• Damages For Breach
• Private Security Regulation
• Quantum Of Damages

Ikamva Architects CC v MEC for the Department of Public Works and Another (CA337/2013)

Ikamva Architects CC v MEC for the Department of Public Works and Another (CA337/2013) [2014] ZAECGHC 70 (22 August 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

CA337/2013

Judges

C Plasket, J Pickering, F Dawood

The court held that a discovery order was unambiguous and provided for automatic striking out of the defence if the defendants did not comply in time.

• Discovery Procedure
• Striking Out Of Defence
• Default Judgment
• Contract Repuation
• Rule 35
• Interpretation Of Court Orders